Order of termination set aside for being in violation of Rule 11(5) of Chhattisgarh Civil Sewa Niyam,2012: The High Court of Chhattisgarh
Rule 11(5) of Chhattisgarh Civil Sewa Niyam,2012 states that either both the parties may terminate contract appointment during the period of contract appointment by giving one month’s notice in advance or paying one month’s salary in its place. The aforesaid rule has been applied by the Chhattisgarh High Court while adjudicating the case of Deepak Gautam and Ors. v. State of Chhattisgarh [WPS No. 4865 of 2016] which was decided upon by a single judge bench comprising Justice Sanjay K. Agarwal on 22nd July 2021.
The facts of the case are as follows. Petitioners at the point of time were working as lecturers on contract basis in government Engineering and Polytechnic Colleges. A complaint was received about petitioners undergoing a course in the same college where they are working and have also obtained degrees while working on the said post on contractual basis. Hence their services were terminated under rule 9 of Chhattisgarh Civil Sewa Niyam,2012 with rule 7 of Chhattisgarh Civil Services Rules, 1965. It was the contention of the petitioners that their services have been terminated without a proper hearing and there is no such clause in their appointment order which bars them from undertaking any degree.
The court considered the facts and arguments presented. It relied heavily on Rule 11(5) of Chhattisgarh Civil Sewa Niyam,2012 and stated that the act of the respondents is in violation of natural justice. It was of the opinion that “Accordingly, the order of petitioners’ termination (Annexure P/1) is hereby set aside. However, since petitioners’ tenure of service has already been completed, they will not be entitled for reinstatement, but when new appointments are made, the petitioners will be. at liberty to move an application for appointment in accordance with the advertisement/rules. and regulations applicable therein and the setting aside of their order of termination would not be bar for fresh appointment of the petitioners. With the aforesaid observations, petitions stand disposed of.”